1. Hindu Marriage Act, 1955 (25 of 1955) S. 12 - Medical examination for ascertaining medical condition of wife - Court would normally be looking for strong prima facie case and sufficient material before it for directing such a medical examination - This was surely an occasion where the wife could have taken an opportunity to disprove what the husband had been contending for - She is now allowing for drawing of an adverse inference against her  -  She is entitled to take such a  course.  (173) P.L.R.  
  2. Hindu Marriage Act, 1955 (25 of 1955) S. 12(1)(a) - Impotency - The factum of impotency of the appellant-husband came to light on the very first night of the matrimonial home yet it was not disclosed to her parents due to shyness by her - No doubt, there is no medical evidence showing the impotency of the appellant adduced by the respondent-wife - After about 9 years and the appellant-husband could not point out even a single instance of the consummation of marriage - No lady would come forward with such an allegation - At the same time, the appellant also did not make any effort to bring on record any medical evidence showing that he is potent - He could have produced the medical evidence by getting himself medically examined. (174) P.L.R.  
  3. Hindu Marriage Act, 1955 (25 of 1955) S. 12(1)(c) - Insanity of appellant-wife was concealed at the time of marriage and this part of deposition has not been assailed in the cross-examination of respondent-husband - Concealment of appellant-wife's mental disorder is a ground provided under Section 12(1)(c) of the Hindu Marriage Act, 1955 for annulment of marriage - There are unchallenged averments and evidence on record which brings the case of respondent-husband within the ambit of Section 12(1)(c) of the Hindu Marriage Act, 1955.  (179) P.L.R.  (Del.)
  4. Hindu Marriage Act, 1955 (25 of 1955) S. 12(1)(c) - Marriage is voidable where the consent of the party has been obtained by fraud - In the present case, the trial Court had come to the conclusion that the wife or any of her family members had not shown any document that she had obtained valid divorce from her earlier husband - In such circumstances the marriage was a result of fraud. (178) P.L.R.  
  5. Hindu Marriage Act, 1955 (25 of 1955) S. 12, 13(1)(iii) - Disease of epilepsy - Appellant-Husband may set up a plea that a material fact was not disclosed to him at the time of marriage, to declare void the marriage under Section 12 of the Hindu Marriage Act - But there is no scope under Section 13 of the Hindu Marriage Act to file a petition for divorce on the ground that the respondent was afflicted with the disease of epilepsy - The disease of epilepsy cannot be equated with unsoundness of mind or mental disorder as contemplated under Section 13(1)(iii) of the Hindu Marriage Act.   (180) P.L.R.  


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